Order reversed, on the law, with costs, appellant's motion for summary judgment is granted and plaintiff's cross motion is denied.
Appellant demanded a bill of particulars on October 6, 1981 and, when no response was received, he obtained an order of preclusion, dated July 2, 1982, without opposition. In response to appellant's subsequent motion for summary judgment, plaintiff cross-moved to vacate the preclusion order, proffering the illness of her attorney as an...
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